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HomeMy WebLinkAbout4.07 A1StreetSweeperCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5, 2001 SUBJECT: Amendment to Agreement with A-1 Enterprises for Street Sweeping and Parking Lot Sweeping Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION: ~ FINANCIAL STATEMENT: 1) Resolution 2) Amendment 3 ) Current Agreement Adopt resolution approving amendmere The proposed rate increase is 25% higher than current rates. The 2001-02 Preliminary Operating Budgets for Street Sweeping and Park Maintenance (parking lot sweeping) have been calculated based on this rate increase. There are sufficient funds in the Operating Budget for Fiscal Year 2000-01 to pay the increased rates for the month of June. DESCRIPTION: Staff was recently made aware that the Department of Industrial Relations has determined contract street sweeping services to be a prevailing wage activity. The City's street sweeping contractor, A- I Enterprises, has not been paying the prescribed prevailing wage, and the unit prices included in the current contract are not based on prevailing wage. The City Attorney has reviewed the determination and concurs that prevailing wage is required. Since the current contract with A-1 allows only for rate increases based on the Consumer Price Index (CPI), and the cost difference caused by the change in rate paid to the operator is considerably higher than the anticipated end-of-June CPI, Staff is proposing to amend the agreement to allow A- 1 to raise its rates based on paying prevailing wage beginning June 1, 2001. The 2001-02 Fiscal Year is the fifth and final year of the current contract. Language relative to prevailing wage is included in the proposed amendment and would also be incorporated into future contracts for street sweeping services. Staff recommends that the City Council adopt the resolution approving the amendment to the agreement. c:\contracfisweeping\agst prev wage COPIES TO: A-1 Enterprises ITEM NO. t .,7 RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT WITH A-1 ENTERPRISES FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES WHEREAS, the City and A-1 Enterprises entered into an agreement for Street Sweeping and Parking Lot Sweeping Services dated July 1, 1997; and WHEREAS, said agreement allows for rate increases based on the Consumer Price Index; and WHEREAS, it has been determined that street sweeping services are subject to Labor Code provisions regarding payment of prevailing wages; and WHEREAS, the rates paid to A- 1 Enterprises under the current contract do not provide for payment of prevailing wage rates to the operators; and WHEREAS, it is not reasonable to require A- 1 Enterprises to pay prevailing wage rates under the current contract terms; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the agreement attached hereto as Exhibit "A," allowing a rate increase commensurate with payment of prevailing wage rates. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment, PASSED, APPROVED AND ADOPTED this 5th day of June, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk cAcontractXsweepingXresoamend2001 A. ACHMENT EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT WITH A-1 ENTERPRISES FOR STREET SWEEPING AND PARKING LOT SWEEPING SERVICES WHEREAS, the City and A-1 Enterprises entered into an agreement for Street Sweeping and Parking Lot Sweeping Services dated July 1, 1997; and WHEREAS, said agreement allows for rate increases based on the Consumer Price Index; and WHEREAS, it has been determined that street sweeping services are subject to Labor Code provisions regarding payment of prevailing wages; and WHEREAS, the rates paid to A-1 Enterprises under the current contract do not provide for payment of prevailing wage rates to the operators; and WHEREAS, it is not reasonable to require A-1 Enterprises to pay prevailing wage rates under the current contract terms; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. Prevailing Wage: This agreement provides for payment of prevailing wage rates as per the provisions of Labor Code Section 1770, et. seq. 2. Adjustment of Rates: The following rates shall apply beginning June 1,2001: Residential or Commercial Curb Miles: Intersections: Callouts, per hour: Parking Lots (per month): Civic Center Shannon Center Dublin Sports Grounds Alamo Creek Park Emerald Glen Park $ 24.69 $ 8.00 $104.65 $224.38 $160.29 $128.33 $ 48.08 $140.54 These rates shall be increased by the Consumer Price Index (San Francisco Bay Area, Urban Wage Earners) percentage of increase dated June 30, 2001. CITY OF DUBLIN ATTEST: Mayor City Clerk A- 1ENTERPRIS ES C: lcontractknveepingiamdrat2001 CITY OF DUBLIN AGREEMENT FOR STREET SWEEPING AND PARKING LOT SWEEPING THIS AGREEMENT is made and entered into this 1st day of July, 1997, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter referred to as "CITY," and ***, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, the Contractor has submitted to the City a proposal to sweep the public streets and public parking lots within the limits of the City; and WHEREAS, the City has determined that it is advantageous and in the best interest of the City of enter into the Agreement hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties agree as follows: 1. STREET AND PARKING LOT SWEEPING Contractor shall use and furnish at his own expense all labor, equipment, and materials necessary for the satisfactory performance of the street sweeping .and parking lot sweep,,r~g work set forth herein. After sweeping, curbs and gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. The sweeping shall include as many passes as necessary to leave the street in a clean condition. Contractor shall maintain a log which indicates dates, times, streets, and miles swept. The log shall be available for inspection by the Public Works Director or his designee. A..Schedule Exhibit A outlines the sweeping schedule to be utilized for residential streets. Any deviations from this route and schedule must be approved by the Public Works Director. If deviations from the schedule are approved, Contractor shall be responsible for notifying individual households that are affected IN WRITING prior to beginning the new schedule. Contractor shall provide a sweeping plan for commercial streets, which must be approved by the Public Works Director. All street sweeping shall be performed as follows: Page 1 cLrrelf 1 )' . Residential Streets Residential streets are defined as all paved and public streets which are not identified as commercial streets in the following paragraph. All residential streets, including any center or median strips therein, shall be swept twice each month on the second and fourth full weeks or as agreed between the City and the Contractor. Exception: the Contractor shall sweep Specified residential streets once every week during the heavy leaf-fall season OR shall increase service so as to provide the same result, at the option of the Public Works Director or his designee. The duration of the extra service and the streets to be included shall be determined by the Public Works Director or his designee. The following commercial streets shall be treated as residential streets (swept ' twice per month) for the purpose of this contract: Dublin Boulevard westerly of Silvergate Drive, Dublin Boulevard easterly of Scarlett Drive, Hacienda Drive, Dublin Court, Sierra Lane, Sierra,, Court, Civic Plaza, Trinity Court, Houston Place. These commercial streets shall be swept early enough in the morning to avoid cars being parked along the street. 2) Commercial Streets The following streets are defined as commercial streets and shall be swept once every week: Amador Valley Boulevard (Village Parkway to westerly end), Village Parkway (Clark Avenue to Amador Valley Boulevard), Regional Street (Amador Valley Boulevard to southerly end), Amador Plaza Road (Amador Valley Boulevard to southerly end), San Ramon Road (Dublin Boulevard to Alcosta Boulevard), Scarlett Court (Dublin Boulevard to easterly end), Scarlett Drive, Dublin Boulevard (Silvergate Drive to Scarlett Drive), Dougherty Road (I- 580 to Northerly City Limit), Clark Avenue (southerly of Dublin Boulevard), Golden Gate Drive. The center medians within the limits specified shall also be swept once every week. Any portions of the above streets which are not within the limits above shall be defined as. a residential street and shall be swept in accordance with Paragraph 1 above.' 3) Intersections Contractor shall sweep the intersection of the following twelve major cross streets according to the same schedule as commercial streets: Dublin Boulevard/Dougherty Road Dublin Boulevard/Sierra Court Dublin Boulevard/Amador Plaza Road Dublin Boulevard/Regional Street Dublin Boulevard/Hacienda Drive San Ramon Road/Amador Valley Blvd. Dublin Boulevard/Dublin Court Dublin BoulevardNillage Parkway Dublin Boulevard/Golden Gate Drive Dublin Boulevard/San Ramon Road Amador Valley Blvd.Nillage Pkwy. Amador Valley Blvd./Regional Street Amador Valley Blvd./Dougherty Road Page 2 4) Parking Lots same weeks The following City parking lots shall be swept on a twice-monthly basis during the as the residential sweep: "' Civic Center - 100 Civic Plaza Shannon Park/Community Center - 11600 Shannon Avenue Alamo Creek Park - Dougherty Road and Willow~Creek Drive Dublin Sports Grounds - Dublin Blvd. next to Civic Center Sweeping shall be done after the normal operating hours of the facility so that no vehicles remain in the parking lot at the time sweeping is done. in the case of parks in residential neighborhoods (i.e., Alamo Creek Park and Shannon Park), sweeping shall be done at such time as to avoid noise complaints from adjacent residents. Sweeping days and 'times for all parking lots shall be approved by the Public Works Director or his designee. 5) Emergency Callouts Contractor shall provide a 24-hour telephone number and/or a list of employees, including telephone numbers and pager numbers, who are available for 24-hour emergency callout service. The response time for emergency callouts shall conform to the estimated time of arrival quoted in Contractor's proposal to the City. Compensation for emergency callouts snail be on an hourly basis according to the rates listed in Exhibit B of this agreement. 6) Holidays If sweeping is not to be performed on certain holidays, Contractor must provide a schedule for sweeping the missed streets. City shall be advised in advance of holidays to be observed by Contractor and shall be provided with a makeup schedule that is no more than one week later. 7) Delays in Sweeping Schedule In the event of inclement weather, Contractor shall not be required to perform either the regular sweeping schedule or a makeup schedule. Contractor shall, if requested by the Public Works Director, sweep any streets which become littered with storm debris. In the event of a mechanical .breakdown, service will be provided as follows: (Fill in appropriate language) Page 3 B.. Estimated Miles to be Swept The total annual estimated curb miles to be swept shall be as follows: Residential: 2, 730 Commercial.' l, 308 4, 038 Curb mileage is calculated according to actual curb miles swept and not machine odometer readings. It is recognized that a need .may arise to increase the frequency of sweeping during the heavy leaf fall season and thus increase the total number of miles swept or to increase callout hours. in the event that such a need does arise, Contractor shall increase the frequency of sweeping as directed by the Public Works Director or his designee. Any streets added to the City during the term of this Agreement, either by new construction or annexation, shall be swept according to the appropriate schedule beginning as soon as said streets are accepted officially by the City. The additional cost for sweeping these streets shall be based on the per mile cost set forth in Exhibit B. The City additionally reserves the right to reduce the number of curb miles to be swept within a given year without incurring-an increase in the agreed per-curb-mile cost for that year. C. Street Sweeping Complaints Contractor shall, in person or by his agent, investigate any complaints which may concern or involve the performance of this Agreement. Contractor shall report to the Public Works Director or his designee on the following working day as to the action or procedure taken with reference to any complaints, and when necessary, complete the citizens' request form which will remain on file in the City offices. D. Disposal of Sweepings Contractor shall dispose of all refuse collected by hauling same to legally establis.b!~.d refuse disposal sites or other site approved by the Public Works Director.- Refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed containers, which shall be approved by the Public Works Director, If containers are used, they shall be dumped upon completion of the sweeping cycle. E. Water Contractor shall provide, at his own expense, sufficient water for the street sweeping equipment necessary to comply with this Agreement and to assure that the curb and gutter are Page 4 , left in a clean condition and the amount of dust during sweeping is kept to a minimum. Water meters shall be obtained from the Dublin San Ramon Services District. The cost of water shall be paid by Contractor and included in the unit costs.for various sweeping services. F. Equipment Operation The sweeper shall be operated at a safe speed which will allow for maximum debris pick-up. Recommended speeds are 3 to 5 miles per hour in heavy buildup of debris and 6 to 8 miles per hour in light buildup. G. National Pollution Discharge Elimination System (NPDES) Requirements Contractor shall comply with the requirements of the Alameda County Urban Runoff Program and the requirements of the NPDES Permit, including preparation and submittal to the City of the monthly report which includes information regarding quantity of material picked up during the sweeping process. 2. SUPERVISION BY PUBLIC WORKS DIRECTOR Contractor shall faithfully and regularly 'provide service in accordance with this Agreement; the work shall.. be done in a prompt, thorough, lawful and workmanlike manner, according to the provisions of this Agreement. Performance of each provision of this Agreement shall be under the supervision of the Public Works Director or his designee. 3. COMPLIANCE WITH LAWS Contractor, his agents and employees,' shall comply with all laws, ordinances, rules and .... regulations of the State, County, and the City of Dublin, and all governing bodies having jurisdiction applying to work done or to be done under this Agreement. 4. INSURANCE AND INDEMNIFICATION Contractor shall assume liability and pay all costs of defense, including legal fees and court costs, and hold the City harmless from loss, damages, costs or expenses caused by any negligent or wrongful acts or omissions of Contractor's officers, employees, and agents which may occur in the performance of the term, duties, and obligations of this Agreement. Contractor shall provide a certificate of insurance to the City, to be included as part of this Agreement, which will give evidence of general liability and auto liability insurance of not less than $1,000,000 for, personal injury and accidental death per occurrence, and $500,000 for property damage per occurrence. The City shall be named as an additional insured in any such liability insurance policy. The contractor shall pay all premiums for said insurance. Contractor shall also provide City with a certificate of insurance, to be included as part of this Agreement, which will give evidence that Contractor's employees 'are covered by Workers' Page 5 Compensation Insurance. Contractor shall provide the City with a performance bond or other security approved by the City, issued by a corporate surety, naming the city as obligee, in an amount equal to the estimated street sweeping charges for a two-month period as determined by the Public Works .Director. Said performance bond shall be included as part of the Agreement with the City. All certificates of insurance and performance bonds which are part of the Agreement with the City shall be approved by the Public Works Director and City Attorney as to form and content. 5. BUSINESS LICENSE Contractor shall obtain and keep current a City of Dublin Business License. 6. SUBCONTRACTORS The name, background, and experience of any and every firm to which any work outlined in this Agreement is to be subcontracted by Contractor shall be submitted to the Public Works Director for his approval. Unless a subcontract is approved in writing by the Public Works Director, Contractor shall perform all the work Outlined in this Agreement, using his own equipment and personnel. It must be clearly understood that Contractor, irrespective of any approved subcontract, shall be held entirely responsible for the quality and quantity of the work done under the terms of the Agreement. No subcontract to do any work outlined in this Agreement is to run longer than the term of the Agreement; and the extension or renewal of any such subcontract agreement can only be made with the approval of the Public Works Director. The agreement will not be assignable in all or part without the express written approval of the Public Works Director. 7. TERM OF AGREEMENT This Agreement will be for a five (5) year period beginning July 1, 1997. Contractor's performance will be formally reviewed on an annual basis. This Agreement may be cancelled by either party upon thirty (30) days' advance written notice. 8. ANNUAL RATEINCREASES Contractor will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the date nearest the date of the commencement of the term of this Agreement. !f the Index published nearest the anniversary date (Renewal Index) has increased over,the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is Page 6 the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth in Exhibit C hereto. The Public Works Director shall calculate the adjusted rate' on each anniversary date of this agreement and shall provide notice to Contractor of such new rates. 9. PAYMENT TO CONTRACTOR Compensation for street sweeping shall be based on the actual number of curb miles and intersections swept and number of callout hours expended. Compensation for parking lot sweeping shall be paid on a per-month basis. Quantities submitted by Contractor for payment by City shall be according to the schedule set forth in Section 1A of this agreement. Callout hours are subject to approval by the Public Works Director or his designee. Exhibit B contains the unit prices for the performance of services pursuant to this Agreement. These shall remain in effect until modified under the provisions of Section 8 of this Agreement. Contractor shall submit invoices on a monthly basis. Payment for services rendered per the Agreement will be made within 20 days following the month during which services have been performed, provided that the specified reports and invoices have been submitted in a timely maDDer. 10. PENALTIES FOR NOT MEETING TERMS Following are cause for penalties: aJ Operation of sweeper without using sufficient water to control dust. Operation of sweeper exceeding the stated speed limits for operation. Missing scheduled sweeping days without providing prior notice to the Public Works Director or his designee (excluding inclement weather).. When observed violating the foregoing on the first occurrence, the Contractor will be notified in writing. Contractor shall respond within seven days with a written plan stating how compliance will be obtained. If the 'Contractor violates the same specification a second time, City shall have the right to withhold payment of up to one times the cost of service which was scheduled for that day. if the Contractor violates the same specification three or more times, City shall have the right to withhold payment of up to two times the cost of service which was scheduled for that day for each violation. The amount of penalty shall be determined by the Public Works Director. I 1. NOTICE Any notice given under this Agreement shall be served by.depositing it in the mail, postage Page 7 prepaid, to the addresses set forth below. Notices to the Contractor shall be addressed to: A~I Enterprises P. O. Box 399 Pleasanton CA 94566 Notices to the City shall be addressed to: City of Dublin Public Works Department P. O. Box 2340 Dublin CA 94568 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. DATE: City Clerk APPROVED AS TO FORM: City Attorney CITY OF DUBLIN v Mayor DATE: CONTRACTOR EXHIBIT A CITY OF DUBLIN STREET SWEEPING SPECIFICATIONS Residential Street Sweeping Schedule (map) Page 9 EXHIBIT B -: UNIT PRICES FOR STREET SWEEPING SERVICES ITEM DESCRIPTION 1. Street Sweeping 2. intersections 3. Callouts 4. Parking Lots UNIT OF ESTIMATE MEASURE D UNIT PRICE TOTAL PRICE QUANTITY Curb Mile 4,038 $ $ Each 676 $ $ Hours 60 $ $ Per Month 12 $ $ TOTAL: $ Estimated number of curb miles vs. callouts is based on using callout hours to accomplish ~e fall leaf cleanup. The cost for parking lot sweeping shall be the cost to sweep all four parking lots once per month, extended for 12 months. Page 10 EXHIBIT C SAMPLE CALCULATION FOR ANNUAL INCREASES Year 1 Year 2 Year 3 Year. 4 Curb mile rate of $17.00; index at 125' Index at 128.5 = curb mile rate of $17.48 128.5/125 x $17 = $17.48 Index at 136.7 = curb mile rate of $18.60 136.7/128.5 x $17.48 = $18.60 Index at 140.3 = curb mile rate of $19.09 140.3/136.7 x $18.60 = $19.09 * Calculations are theoretical based on prior history, The beginning index to be used is the June, 1997 figure.- Page 11